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Tag Archive 'mediation essays'

Research paper on Confidentiality in Mediation

Introduction
Mediation refers to a process whereby the parties involved in a dispute identify the issues, then proceed to develop the necessary options, look at the alternatives available and eventually come to an agreement being assisted by a third party or mediator. It is basically an alternative to resolving disputes of two or more parties without necessarily going to court. One thing to note however, is the fact that the process of mediation can only take place if both parties involved in the dispute agree. The process is so confidential that the discussion terms need not be disclosed to anyone outside the parties involved. The mediator helps the two parties to come to an agreement. A mediator is not allowed to take sides, offer guidance or make any judgments but develops communication and builds a consensus of the parties. There are cases where the mediator is allowed to give his/her own view but with consent from the parties involved. At the end of it all, the mediator ensures that a solution has been found and all the parties are happy. The techniques used by the mediators depend on their training and skill to ensure that parties come to an agreement in a manner that is informed and voluntary. This method of solving disputes can be used in very many situations including family, consumer, contract and neighborhood disputes….

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